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Cañon City Council gives initial OK to pot ordinance

Sales tax revenue increased from $559,000 in January 2015 to $570,000 in January 2016. This is a 2 percent increase.

Sales tax revenue was up 7.76 percent for the entire year of 2015, compared to 2014.

— Information provided by City of Cañon City.

First reading of an ordinance limiting the number of plants and square footage for inside and outside marijuana grow areas by unlicensed persons was approved during Monday's regular city council meeting.

The ordinance must go through a second reading by the council before it formally is adopted. The council expects to make changes to the ordinance at second reading in regard to lighting restrictions or requirements.

Limitations provided for in the proposed ordinance include requiring all marijuana grows to be in secure areas inside of primary residences, garages or accessory structures and limits the number of plants that may be grown by any single individual to six and the number of plants that may grown by multiple individuals residing in such unit to 12. A qualified patient may grow up to eight medical marijuana plants and two or more qualified patients living in the same household may grow a maximum of 16 medical marijuana plants at their primary residence. The space used to grow marijuana would be limited to 100 square feet. Marijuana may be grown by patients outdoors under an expanded definition of secure area.

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The ordinance also requires that secure areas be compatible with building, fire, electrical and plumbing codes.

Cañon City Police Chief Paul Schultz said the ordinance gives officers more teeth to enforce issues that have been occurring.

"We did have a series of complaints throughout the year, and some crimes that occurred, as well, involving these grow operations," he said. "We didn't have a lot of enforcement tools, so this does help."

He said this is a good, solid first step in a series of steps.

Cañon City resident Alison Helsley, who is working to establish a facility that would offer a place for individuals to legally grow their marijuana, keeping it away from residential areas, proposed some amendments to the ordinance regarding language involving zoning, lighting restrictions or regulations and penalties.

"I really hope you take into consideration that the business I created rents space to personal growers outside of neighborhoods," she said. "This ordinance in effect puts me out of business. ... I want to work with the city to create standards by creating the model, but I don't want to be out of business tonight."

City Attorney Havens said Helsley's business is not a use under the city's current zoning code, and it can't be grandfathered because grandfathering happens when an existing legal use becomes illegal through the operation or adoption of a new law.

"Amending the zoning code to acknowledge, to recognize this use, and finding a place for it is an option," he said. "Staff thinks Special Review Use is where it fits and would remedy the issue."

Helsley in a previous meeting said the use permit on her building allows for private clubs and storage, so she has created a private club that allows its members to rent space, which she says, meets local land use laws.

City Administrator Doug Dotson said the council's first step should be to approve the ordinance, and the issues facing Helsley's business should be set aside for the time being.

"We know there is more work to do," he said. "We need to bring that back to city council, we need to have a debate, a dialogue with the community, figure out what the appropriate next steps are. At that time, we feel it is appropriate to allow something in an industrial zone, we take that step and figure it out at that time."

Also during the meeting, the council announced that beginning March 7, the council will allow 15 minutes of "open podium" time for the public to comment on items not on the evening's agenda.

In other business, the council:

— Authorized the mayor's signature on a funding agreement with the Fremont Center for the Arts in the amount not to exceed $1,800 per month, not to exceed three months.

— Adopted a form of lease of city-owned property, the Alta Vista site, and established a negotiating committee.

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